Re: Social Security Benefits to Felons
Posted by maria on 10/11/08
I am a DIB T-2(SSDI) and T-16(SSI) paralegal, by law when you
are awarded SSA benefits, but you are incarcerated for more than
30 days, automatic you are not eligigble, the government laws
interpreted as they are already taking care of your basic needs
such as housing, food. You are definatly not eligible for the
months incarcerated. If you have outstanding warrants, these
need to be taken care of before filing
for benefits. This is a eligibility issue, not a disability
question, therefore not many DIB attorneys will assist you with
this matter. Most attorney take your case on a contigency fee
basis of 25% of past due benefits, these fees are governed by
SSA. when a person is incarcerated, there are no past due
benefits, therefore no money for the attorney. unless you can
come up with a fee retainer anywhere from 3-5K, but no attorney
can change the fact of your incarceration and the time you spent
in there. NO attorney should tell you, they can get you back
pay for the months you were incarcerated, they would be lying.
When you are released, you may contact your field office and
either your benefits will automatically be re-instated or you
may be asked to file a new claim. Go to SSA.gov and search for
claimants incarcerated, you will get more information to better
understand, why you are not eligible
I hope this helps you
On 10/11/08, SSARP wrote:
> Juan, The situation you describe is not unusual, you should
> consult an SSA lawyer about your case. I have not seen many SSA
> Q&A's on this board, what state do you live in ?, Possibly your
> local legal aid or pro bono office can give you some free
> and maybe even assist you.
> Cases like the one you describe are interesting because,
> generally you would think people are eligible for "social
> benefits" benefits in our society. Federal law in some cases
> singles out persons convicted of certain offenses. I know that
> SSA has a "Fleeing Felon rule", but if you don't fall in that
> category, perhaps your OK with SSA. Definately touch base with
> an SSA attorney.
> Best of luck with your situation.
> On 10/10/08, Juan Colon wrote:
>> On 6/03/07, SSDI Lawyer wrote:
>>> I've learned that Social Security is not available to
>>> felons convicted of a felony and serving time. What if a
>>> person spent a year in Federal lockup and plead guilty to
>>> time served. During the time served he was not "convicted
>>> of a felony" and thus eligible for benefits. Where would
>>> research this. I have one case on point which allowed
>>> benefits to the individual up until he plead guilty. What
>>> is your take on this?
Posts on this thread, including this one
- Social Security Benefits to Felons, 6/03/07, by SSDI Lawyer .
- Re: Social Security Benefits to Felons, 10/10/08, by Juan Colon.
- Re: Social Security Benefits to Felons, 10/11/08, by SSARP.
- Re: Social Security Benefits to Felons, 10/11/08, by maria.